Database Search Result Details
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First Name
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LORETTA
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Last Name
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LAMASTUS
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Decision Date
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3/23/1988
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Docket Number
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55-87-290-4
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ALJ
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JW
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Respondent
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WYOMING COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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TRANSFER
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Primary Issues
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ARBITRARY
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Outcome
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DENIED
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Statutes
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18A-2-7, 18A-4-8b &(a)
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Related Cases
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275 S.E.2D 908 (WV 1980), TENNEY V. BARBOUR COUNTY BOARD OF EDUCATION
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Keywords
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TRANSFER; ARBITRARY
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 4/19/88, Civil Action #88-AA-96; Affirmed 7/28/89, Zakaib
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Supreme Court
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Synopsis
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ON MARCH 24, 1987 GRIEVANT WAS NOTIFIED SHE MIGHT BE PLACED ON A TRANSFER LIST AND REASSIGNED AT THE BEGINNING OF THE 1987-88 SCHOOL TERM AND THAT SHE HAD RIGHT TO A STATEMENT OF REASONS FOR THIS PROPOSAL AND HEARING BEFORE THE BOARD. GRIEVANT CHOSE NOT TO REQUEST A STATEMENT OF REASONS FOR THIS PROPOSAL AND A HEARING BEFORE THE BOARD. GRIEVANT WAS SUBSEQUENTLY TRANSFERRED FORM HER POSITION AT PINEVILLE GRADE SCHOOL TO BAILEYSVILLE GRADE SCHOOL AT HE BEGINNING OF THE 1987-88 SCHOOL TERM. THERE IS NO PROVISION IN W.VA. CODE 18A-2-7 WHICH REQUIRES A COUNTY BOARD OF EDUCATION TO MAKE DECISION REGARDING THE TRANSFER OF PROFESSIONAL PERSONNEL ON THE BASIS OF SENIORITY. GRIEVANT HAS FAILED TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT HER TRANSFER FROM PINEVILLE GRADE SCHOOL TO BAILEYSVILLE GRADE SCHOOL WAS AN ARBITRARY AND/OR CAPRICIOUS ACTION ON THE PART OF THE WYOMING COUNTY BOARD OF EDUCATION. ACCORDINGLY GRIEVANCE IS DENIED.
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